(3) A strip search of a detainee may be conducted by an
authorised officer only if:

(a) a screening procedure in relation to the detainee has
been conducted under section 252AA; and

(b) an officer suspects on reasonable grounds that there is
hidden on the detainee, in his or her clothing or in a thing in his
or her possession a weapon or other thing described in
subsection (1); and

(c) the officer referred to in paragraph (b) suspects on
reasonable grounds that it is necessary to conduct a strip search
of the detainee to recover that weapon or other thing; and

(d) the strip search is authorised as follows:

(i) if the detainee is at least 18—

(A)
a magistrate orders the strip search because he or she is satisfied
that there are reasonable grounds for those suspicions, or

(B) the Secretary, or an SES Band 3 employee in the
Department (who is not the officer referred to in paragraphs (b)
and (c) nor the authorised officer conducting the strip search),
authorises the strip search because he or she is satisfied that
there are reasonable grounds for those suspicions, and a lawyer or
representative from the Human Rights and Equal Opportunity
Commission is present during the strip search;

(ii) if the detainee is at least 10 but under 18—a
magistrate orders the strip search because he or she is satisfied
that there are reasonable grounds for those suspicions.

(l) to avoid doubt, cannot be conducted in relation to a
detainee unless a search of the detainee is first conducted under
section 252AA.

(3) Schedule 1, item
2, page 6 (line 7), at the end of proposed subsection 252B(3)
add “or to a lawyer or representative of the Human Rights and
Equal Opportunity Commission who is in attendance as a result of
sub-sub-paragraph 252A(3)(d)(i)(A)”.